Radhe Shyam Singh @ Radheshyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55300 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Radhe Shyam Singh @ Radheshyam Singh Son of Ram Sajjan Mahto R/VVILALGE- ISADHI, P.S.- AYAR, DISTT.- BHOJPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-09-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, registered in connection with Excise P.S. Jagdishpur P.S.Case No. 117 of 2024.

3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise (Amendment) Act for recovery of total 360 litres of illicit liquor from the spot.

4. Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C.

5. Since the provision of Section 438 of the Cr.P.C. is

Patna High Court CR. MISC. No.55300 of 2024(3) dt.20-09-2024 2/2 not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.

6. If the petitioner surrenders and seeks regular bail before the court below, the court below shall consider the same on its own merit without being prejudiced by this court and dispose of the same preferably same day taking into consideration that the petitioner is a person of clean antecedent. (Nawneet Kumar Pandey, J) A.K.V.//- U T